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- Michigan Journal of Gender & Law (5)
- Michigan Law Review (5)
- American University Journal of Gender, Social Policy & the Law (3)
- Maine Law Review (3)
- Seattle Journal for Social Justice (2)
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- University of Michigan Journal of Law Reform (2)
- Chicago-Kent Law Review (1)
- Dalhousie Law Journal (1)
- FIU Law Review (1)
- Journal of Race, Gender, and Ethnicity (1)
- Michigan Journal of International Law (1)
- Nevada Law Journal (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 1 - 28 of 28
Full-Text Articles in Law
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
FIU Law Review
This comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women's movement, and the trajectory of women's labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone's groundbreaking work, "Panes of the Glass Ceiling," connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women's …
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
Journal of Race, Gender, and Ethnicity
No abstract provided.
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
Michigan Journal of Gender & Law
Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater’s Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey’s highest court as a model of the “insane delusion” doctrine. Readers learn that snubbed relatives successfully invalidated Louisa Strittmater’s will, which left her estate to the Equal Rights Amendment campaign, by convincing the court that her radical views on gender equality amounted to insanity and, thus, testamentary incapacity. By failing to provide any commentary or context on this overt sexism, these sources affirm the …
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Maine Law Review
Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of the male …
Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Maine Law Review
In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for a …
Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn
Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn
Maine Law Review
Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group, women. …
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
Seattle Journal for Social Justice
No abstract provided.
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Seattle Journal for Social Justice
No abstract provided.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
Nevada Law Journal
No abstract provided.
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan
Chicago-Kent Law Review
Edith Sampson was one of the leading black women lawyers in Chicago for over fifty years. She was admitted to the bar in 1927 and achieved a number of firsts in her career: the first black woman judge in Illinois, the first African American delegate to the United Nations, and the first African American appointed to the North Atlantic Treaty Organization. Sampson was also a pro-democracy, international spokesperson for the U.S. government during the Cold War, a position that earned her scorn from more radical African Americans, contributed to a misinterpretation of her activism, and resulted in her relative obscurity …
Past As Prologue: Old And New Feminisms, Martha Chamallas
Past As Prologue: Old And New Feminisms, Martha Chamallas
Michigan Journal of Gender & Law
Each "stage" of feminist legal theory-and each brand or strand of feminism- stays alive and is never completely replaced by newer approaches. When I first attempted to synthesize the field of Feminist Legal Theory for a treatise I was writing at the end of the twentieth century, I thought it would be useful to think chronologically and to analyze the major developments of the 1970s, 1980s, and 1990s. I crudely divided feminist legal theory into three stages roughly corresponding to the preceding decades: the equality stage of the 1970s, the difference stage of the 1980s, and the diversity stage of …
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Michigan Journal of Gender & Law
A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Michigan Journal of Gender & Law
Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin
Michigan Journal of International Law
This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt
Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt
American University Journal of Gender, Social Policy & the Law
No abstract provided.
History Unbecoming, Becoming History, Toni M. Massaro
History Unbecoming, Becoming History, Toni M. Massaro
Michigan Law Review
The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …
Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer
Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer
Michigan Journal of Gender & Law
In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain
Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain
Michigan Law Review
In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
University of Michigan Journal of Law Reform
This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …